Over And Over Again
by TheLaikynVictoria
Summary: Because making Tony get hurt and McGee feel guilty was just too easy. WARNING: MAJOR CHARACTER DEATH. McGee/Tony friendship but the rest of team is involved. NO SLASH. Hint of TIVA. Warning: Vengeful Tony. Hehe. All chapters edited slightly.
1. Bang Bang Bang

So Apparently, I messed the whole fanfiction up. Please standby for the fixed, edited and correctly formatted content. =]


	2. It's Not Your Fault

So Apparently, I messed the whole fanfiction up. Please standby for the fixed, edited and correctly formatted content. =]


	3. Untitled

So Apparently, I messed the whole fanfiction up. Please standby for the fixed, edited and correctly formatted content. =]


	4. Even Heroes Have The Right To Bleed

So Apparently, I messed the whole fanfiction up. Please standby for the fixed, edited and correctly formatted content. =]


	5. A Breakthrough On Just Another Day

**_A/N Finally! Chapter five!'_**

**_Pleaaase review! Reviews keep me going!_**

* * *

**_A Break-Through On Just Another Day_**

-A Few Days Later-

Tony DiNozzo sat at his desk, finally getting around to filling out the case report on what happened in the woods that day.  
That day that felt like was so many years ago, when it was only about a week.

_Special Agent Timothy McGee and I, Special Agent Anthony DiNozzo, were scouring a crime scene in the Bethesda Forest Reserve for a shell casing that we believed had been left behind after an initial sweep. It was just after 16:00 hours when someone hiding in the cover of the trees opened fire using an M21 Sniper Rifle. Special Agent McGee received two GSWs, one to the abdomen and one to the right shoulder. After clearing the immediate area, I tended to my partner. Paramedics arrived shortly thereafter and transported us to the National Naval Medical Center in Bethesda.  
I was treated for severe hypothermia and shock and have since been released.  
Within hours of being wounded, Special Agent McGee flat lined during surgery, and was unable to be recovered. He died that same evening. We are currently investigating this murder as being connected to two previous murders of two U.S. Marines, Col. Jason Harrison and Col. Morgan Forrest._

Tony sat back and sighed, his hand lingering above the 'signature' line.

"Are you alright, Tony?"

Tony looked up at Ziva, noting her worried expression but ignoring her concern.

"I'm fine." He near mumbled.

"I'm not."

Her statement shocked Tony, to say the least.  
Former Mossad agent, a trained assassin who knows '18 different ways to kill someone with a paper clip' Ziva was… Admitting to _not_ being alright?

"Ziva-"

She held a hand up to silence him.

"Tony, despite what my exterior emotions might say," she started hesitantly, "I…I_ am_ hurting… Inside."

Tony stared at her, surprised by her admission.

"I miss McGee terribly, Tony." She continued, her voice wavering. "I miss his intelligence, his quirky behavior and his silly grin. He was like a brother to me. I am not alright."

He watched her turn around, and walk to her desk. He was completely dumbfounded.

"I…I'm not alright either." He finally whispered. "I knew Tim for almost nine years! He was my little brother, Ziva!"  
If she didn't know any better, Ziva would have thought that little outburst to be hysteria.

But she knew better.

"Tony." Ziva said softly, rising from her desk and going to Tony's. She perched on the edge, facing him.

"Tony, it's going to be alright."

"No, Ziva, it's not." Tony insisted. "It's not gonna be alright. McGee is _dead_! Hi-His body is in the ground in Bethesda, rotting away right now!"

Now Ziva was the one taken aback. She was shocked by Tony's dark, gruesome words.

"I know that, Tony." She stated, trying to stay calm. "I was there."

"I know you all say it… It wasn't my fault, but I mean, think about it! I-"

"I have nothing to think about." Ziva interrupted him. "It was not your fault. It was the monster who pulled the trigger. Now we can sit and mull about it, or we can catch him and give him what he deserves."

* * *

"Okay, Harrison was kidnapped from his apartment 2 weeks and 3 days ago." Tony stated, clicking a button on the remote, bringing up crime scene photos on the plasma. "He was found dead in the Bethesda Forest Reserve 2 days later."

"Forrest was kidnapped 4 more days later." Ziva continued. "He was found 2 days later in a different area of the reserve."

"Each of them had two GSWs, 1 to the forehead and 1 to the face. Ducky says that the killer was vengeful and that it was more than likely a revenge killing." Tony stated, pressing more buttons to reveal autopsy pictures. "And what we initially thought to be the casing of the bullet that killed Forrest was actually _the_ bullet."

"Which meant the casing was still in the woods somewhere." Ziva eyed Tony, awaiting his reaction.

"Which we never found." Tony stated, seemingly unfazed by the memories that were undoubtedly running through his mind. "And all of them were shot with an M21,which suggests the killer has recently left the military."

"Yes, but the U.S. Military hasn't used M21s in combat since the '80s." Ziva mused.

"Wow, Ziva, they covered everything in that citizenship test, huh?" Tony grinned.

"Except the Army National Guard!" Ziva suddenly exclaimed.

"Huh?"

"The National Guard still occasionally uses M21s!" She explained.

"Sure, that narrows it down to thousands of people." Tony scoffed.

"We can search for people who have recently left the National Guard that has a connection to both men." Ziva stated, ignoring Tony's pessimism.

"McGee-"

She stopped, realizing her slip-up. She inhaled deeply, letting her breath out shakily. She looked up at Tony and saw pain in his eyes.

"I've done stuff like that, too." He said softly. He sighed, grinning slightly. "I uh, was having problems with my TV last night. My first thought was to call him and ask him to come fix it."

"He would have done it, too." Ziva commented. "Even if it was 02:00."  
Tony grinned, "actually, it was 01:00."

"Whatever." She grinned.

"God, I..I really do miss him Ziva." Tony stated.

"Now, don't go getting soft on me, Tony." Ziva laughed. "Come on, let's get back to work."

* * *

"You killed a federal agent, Max! That oughta be enough proof that you're PSYCHO!"

"I didn't know he was a federal agent!"

"That's no excuse!"

"They were in our spot, Thomas!"

Max sank to the floor of the small cabin, unable to cope with his stupid actions.

"What do I do, Man?" He whimpered. Thomas knelt beside and put his hand on his shoulder.

"We'll run." Thomas told him, softening substantially. "We'll run and sneak over the border to Canada."

"C-Ca-Ca-Can we d-do that?" Max asked, leaning into Thomas' touch.

"Of course we can." Thomas replied. "I'd never let anyone hurt my little brother."

* * *

"_I never wanted to leave them, Kate. It's not fair." _

"_It's never fair, Tim."_

_"I want to go back."_

_She laughs.  
"It's a little late for that."_

_"I don't see how that's funny."_

"_I thought the same as you...Y'know..Then."_

_"I wasn't ready."  
_

"_No one's ever really ready, Tim."_

_"I thought when you die, you're supposed to be happy."_

_Another laugh.  
"A common misconception...But trust me, it gets better."_

_"You promise?"_

_"I promise."_

Tony woke with a start, a goofy grin unknowingly spread across his face.  
"Oh, Probie." He mumbled.  
He then realized he was sitting at his desk, the lights in the squadroom so dim he wouldn't be able to see his hand in front of his face had it not been for his desk lamp.

He got his bearings, stretched, then opened his cell phone to see the time.

0400

"Crap..."

He stood slowly, feeling and hearing his joints creak and crack.

"I've got to start stretching..."

He stretched again, raising his arms high above his head.

"DiNozzo."

Tony put his arms down and looked for who said his name.

"Gibbs!" He exclaimed, shocked to see his Boss entering the squadroom with his styrofoam cup of coffee in his hand.

"DiNozzo." Gibbs stated sarcastically as he sat down at his desk and flipped his desk lamp on.

"Gibbs, I just..It's 0400..." Tony stammered, walking up to Gibbs' desk.

"Your point is?" He asked, gathering a few papers and files.

"Why are you here?"

"Why are _you _here?"

Gibbs looked up at Tony, a slight grin in his eyes.  
Tony just shook his head as he went back to his desk, turning his computer back on from 'sleep mode'.

So they sat in silence, working away on their own separate things.

Later on, around 0500, Ziva sauntered into the squadroom, dropping her black backpack next to her desk before sitting down.

"Gibbs. Tony." She greeted softly as she fired her computer up.

They said their 'hellos' and continued working, still working on McGee's case.

But for the next few hours, they were all silent as they worked away. They only spoke when it was necessary, and kept to themselves for the most part, the only exception being when Ziva asked Gibbs and Tony if they wanted anything from the vending machines.

It was just another day at the office.


	6. Snipe Hunting

**_A/N-Hey! Sorry it's been so long! NaNoWriMo took a LOT out of me, including this chapter! I wrote a TON of fan fiction for it, and this chapter along with lots of others was the result. I hope you like it! _**

**_PLEASE review! I ask you this for a very selfish reason. I admit it.  
I love reviews. I love seeing what people think of my writing, and it FUELS MY WRITING FIRE! =D_**

**_hehehe so yes, please review! =D  
_**

* * *

"Please step out of your vehicle, gentlemen." The border patrol officer motioned at the two men.

They stepped out, and waited for the the officers to finish their search. "What is it, officers?" The older one asked. "Did we do something wrong?"

"Can we see your passports please?" One of them asked. After confirming their identities, the officers continued searching the car. One officer, however, was in the booth on the computer. A BOLO had been put out the day before, and these men looked awful familiar...

There it is.

_Be on the look out for Thomas and Max Dennison. Suspected on three (3) counts of murder, one of which being one of a federal agent. _

The officer looked up at the two men who stood to the side, near the booth, and then silently motioned for another officer to join her.

"What is it?" He asked.

"Look at this BOLO." She told him. "These are the men."

"You're right." He mumbled, looking up at them. "Let's take them down.

* * *

It was around 0800 hours that the call came in. The call the made Team Gibbs' hearts soar.

"Agent Gibbs, Max and Thomas Dennison are being held in New York. They're being transported to NCIS in an hour."

So at 1030 hours, Max and Thomas Dennison were being lead inside NCIS to two separate interrogation rooms.

"Tony, you got Max?" Gibbs asked him as they stood at the beginning of the long, orange hallway.

"Yeah, Boss." Tony said quietly. "I got him."

Tony entered interrogation room two and sat down at the table in front of the very scared looking man. "Max Dennison?" Tony greeted. "I'm Special Agent Anthony DiNozzo." Max only nodded.

"I have a few questions for you." Tony continued. "Do you or your brother own an M21 sniper rifle?"

"Um, no.. I mean.. We.." He stammered. "No, we don't.. Well, we have one.. But I.. I don't think we have a.. A.. A title for it, or whatever."

"So you have one illegally?" Tony clarified, and Max nodded. "Okay, where were you and your brother on November eighth, eleventh, and the twenty first?"

"Uhm, I don't 'emember." Max stated, shaking his head. "I don't."

"How about just that last date then?" Tony asked him, attempting to stay calm. "The twenty first, where were you then?"

"In our cabin."

"In the Bethesda Forest reserve?"

A nod.

"What were you doing there?"

"Huntin'."

"Hunting what?"

A shrug.

"Come on, Max, you gotta give me more than that." Tony told him. "What were you hunting?"

"Thomas calls it Snipe huntin', but.. But... They're not snipes, whatever they are." Max told him. "They're.. They're..."

"They're what?"

"They're people."

* * *

"Thomas Dennison." Gibbs stated, sitting down in the chair with a smirk. "Thomas Dennison, do you know why you're here?"

"'Cause you freaks think I did somethin' wrong." He spat at him. "Which I didn't."

"Where were you and your brother November eighth, eleventh and twenty first?" Gibbs asked directly.

"Probably in the woods, snipe hunting." Thomas stated, an arrogant grin spread across his face.

"Snipe hunting?" Gibbs repeated. "Do ya think I'm stupid?"

"Yes." Thomas replied matter of factly. "I do think you're stupid 'cause I did nothing wrong."

"You killed one of my agents." Gibbs replied. "That's wrong."

"If I killed one of your agents, it was not on purpose." Thomas replied. "I don't kill cops a 'cause when one goes down, the other's come after the perp who did it, and I don't need cops on me."

"Why is that Thomas?" Gibbs asked him. "Because of your bench warrant for kidnapping?"

"That was dropped." Thomas defended. "It was supposed to be expunged."

"Well I guess it wasn't. Thomas." Gibbs stated, tilting his head. "Now answer my question, where were you on those dates?"

"I told ya, in the forest snipe huntin'." Thomas replied. "That's where I always am."

"The Bethesda Forest Reserve?"

"Yeah."

"That's enough for me." Gibbs stood and went out the door, slamming it shut. He met Tony in the hallway.

"Max said that him and his brother were hunting on the twenty first." Tony told Gibbs. "And that he called it snipe hunting."

"That collaborates with Thomas' story."

"Except Max said they're not hunting 'snipes'." Tony continued.

"Well no, DiNozzo, because snipes are-"

"He said they hunt people."

Gibbs stopped, and turned toward Tony.

"Thomas didn't say that."

* * *

Ziva and Tony entered the small cabin, guns drawn, ready for whatever might be in there. What they found, however, was nothing they needed their guns for.

Inside, they found countless deer heads, four rifles, three handguns, and not to mention the dead body lying in the kitchen. There was a man in a Navy uniform, probably around twenty years old, laying on the table. He had a gunshot wound to his chest, and a long gash up his abdomen.

"Who is this?" Ziva asked, holstering her gun and putting her fingers to her nose in an attempt to mask the smell. Tony holstered his gun as well and reached over to read the dog tags that were stuck in the man's mouth.

"According to these, this is Jared Milton." He stated, his eyes starting to water. "God, this smell is awful."

"Yes, it is." Ziva agreed. "There has to be another body around here somewhere."

"Or maybe it's all these deer." Tony looked motioned around the room. "There must be at least fifty of them."

"I do think we would find another body if we looked." Ziva persisted. "It is around here somewhere." They searched the entire cabin, turning each room upside down, but they did not find another body.

"I'm sure it's just the deer." Tony said again. "These guys are...Sick."

"Alright, I will bag and tag the evidence, you call Ducky and then start on photographs." Ziva stated, pulling the evidences bags and markers out of her pack.

"Alright, _Boss_." Tony teased, grinning. They had just started working, when a gunshot suddenly rang out.

"Not again." Tony mumbled as he unholstered his gun and looked around. He kept a watchful eye on Ziva, making sure she didn't go down.

"Where was that from?" Tony hissed.

"I do not know." Ziva told him, looking around as well. Another shot rang out then, and they instinctively ducked. Glass shattered and suddenly, the front door of the cabin swung open. A large, burly man stood in the doorway, wielding a rifle.

"What are you doin' on my property?" He yelled. Tony and Ziva pointed their guns at him.

"This property is currently in the possession of the United States Government." Tony replied, keeping his gun trained on the man's chest. "Who are you?"

"You're feds aren't ya?" The man yelled, eyeing the badges on their belts. "Well this is my property, and I have right to do what I want!"

"Not murder." Ziva replied. "Now put the gun down slowly, and push it toward us." The man, not surprisingly, didn't oblige.

"I'm not gonna give up my gun, I have a _right_ to carry this!" He yelled, shaking the gun angrily.

"Not if a law enforcement officers tells you to put it down." Tony told him. "If you don't put the gun down, you're going to die."

"Now, I won't hurt the little lady." The man stated. "I don't hurt women, but you...You I will hurt."

"I'll tell you one more time, put the gun down!" Tony ordered.

"You better run little lady." The man growled. "Before you get hurt."

"I do not leave a partner behind." Ziva stated, not wavering. "If you kill him, you must kill me as well."

_Bang, bang, bang!_

Ziva watched, shocked, as the large man fell to the ground with a thud. She turned to Tony, who stood stock still with his finger still resting on the trigger.

"Tony!" She exclaimed. "What..What did you do that for?"

"I... I couldn't lose another partner." He breathed. "I couldn't."

"It was just, Tony." Ziva assured him. "He had a gun, and said he was going to kill us. It was just."

"I know.. I..I.." Tony shook his head. "Ziva, he's gone. It's not fair."

Tony probably would have started crying had it not been for the fact that a car could be heard pulling up out front. Soon, Ducky's and Jimmy's voices could be heard wafting through the air.

"You parked it crooked, Mr. Palmer!" Ducky reprimanded. "Ah, oh well. Get the gurney."

"Yes Doctor Mallard."

A few moments later, Ducky appeared in the doorway, looking down at the body in front of him.

"Oh my, this man's demise does not look like it was very pleasant." He stated. "I thought you said he was in a Navy uniform, Anthony?"

"Our first body is, Duck." Tony told him, pointing toward the kitchen. "He.. He just came in, we.. I shot him."

"Oh my, this rifle here must have been his, then, hm?" Ducky asked, turning the rifle over in his gloved hand. "Mr. Palmer, we'll need another body bag." Ducky rose slowly, and followed Tony into the kitchen.

"So this is our sailor." He mused. "Poor fellow, now _his_ demise was much more painful than our gunman's, I presume."

"Ducky, is Gibbs coming?" Tony asked him.

"I believe so, yes." Ducky replied, sticking a liver probe into the man's abdomen area. "He was getting the Dennison fellows into lock up."

"Thanks, Duck."

Tony went back into the living room, toward Ziva.

"Zee, I need to leave." Tony told her, slipping his jacket on. "Gibbs is on his way, can you two handle the crime scene?"

"Yes, I suppose, but where are you going?" She asked him, worried.

"I just need to go."

With that, Tony stepped over the gunman's body, and went out the front door.


	7. Reflection

_**A/N- Sorry it's been so long and sorry this one is kind of short. Please review! I love you guys! =D**_

* * *

It was no surprise that Tony ended up where he did. He sat, staring at the grave in front of him. It was brand new, of course, and was nearly sparkling in the dim sunlight. The name so blatant, it brought a sob to his throat that threatened to break free. Never had Tony felt this crushed, or down or just _depressed_, not even after Kate died.

Of course, Tony was heartbroken when she died, and he had cared for her deeply. Her death had been tragic, and forever would he remember her falling to the ground, a hole in her head. But McGee was different, and he couldn't quite place why. Maybe because his death had no rhyme or reason to it. The Dennison's just killed for the sake of killing. Kate died because Ari had a vengeance against Gibbs. Not to say her murder was anyway justified, but at least there was a _reason_.

"Tim, remember how it took you forever to go to autopsy to see her?" Tony stated softly, picking at the grass. "Then all you could say was, 'I really liked you, Kate'." He grinned and shook his head.  
"At the time, I...I thought it was lame." Tony chuckled. "But it's not."

He absentmindedly tied the pieces of grass together as he sat there in thought.  
"There have been so many times one of us almost died." He continued. "And so many times, we treated it as nothing because..I guess, you know, this is what we do. We save people and risk our lives doing it, and we always took the wins or little victories for granted."  
Tony could almost see McGee nodding his head in agreement.  
"Like when you and Gibbs went into that building with the bomb last year." Tony stated, the long grass chain dangling from his hand. "You all could have and probably should have died, but by some miracle, the bomb was defective and you didn't. We hardly bat an eye at that, Tim. Or what about when La Grenouille's guy shot that camera off your hat? You probably should have died then, too. But you didn't."

Tony sighed, suddenly feeling this overwhelming sense of..._Peace_ wash over him.

"McGee, I don't know why you had to die, but we'll never forget you." Tony said softly. "As far as I'm concerned, you're still a member of this team and you always will be, even when there's a new guy sitting at your desk."

"I agree."

Tony looked up, surprised, at the outside voice to see Ziva walking toward him.

"I knew I could find you here." She sat down next to him, her legs crossed 'Indian' style. "It was no surprise after what happened out at that cabin." There was silence between them before Ziva spoke up, again.  
"I see a peace about you, Tony." She said softly, taking his hand in hers. "You are peaceful now, yes?" T

ony sighed and nodded,  
"I mean, I'm still so _angry_ that McGee had to die because of these idiots." He told her. "But I guess I just needed to come here and...Talk to him. It helped."

"I am glad." Ziva smiled at him.

He just nodded and turned back to the marker, sighing deeply.

"Zi, I don't know how much longer I can do this." He said after a moment.

"Do what?"

"This. This job." Tony shrugged. "I mean, I'm already forty-five years old, maybe I should just retire."

"I understand why you feel this way." Ziva told him. "But I do wish you did not."

"It's not the same." He shook his head. "Not without McGee."

_Four Weeks Later_

_Trial today. Trial today. Trial today. Trial today._

That was seemingly all Tony could think of as he got dressed in one of his best suits. He attached his NCIS shield to his front pocket and sighed.

"Trial today." He said aloud to his reflection.

To clear any confusion, Thomas and Max Dennison's trial was today and the MCRT was on edge. They knew there was a _very_ slim chance of them being acquitted, but there was always that chance, and it scared them to death, though they'd never say it out loud.

Tony reached the courthouse and found Gibbs, Ziva, Abby, Ducky, Jimmy and Vance and then they all found seats. It was another fifteen minutes before the trial, so Tony turned to Gibbs (who was sitting next to him) and inhaled deeply before he started speaking,  
"Boss, regardless of the turn out today, I..I.." He paused, inhaled, and tried again.  
"Regardless of the turn out today, I'm leaving NCIS."

Gibbs' eyebrows raised momentarily,  
"you sure?"

Tony nodded,  
"I've spoken to the director, and I'm eligible to retire."

"There's nothing I can do to change your mind?"

"No, Gibbs, there's not."

"Okay. We'll miss you, Tony."

_Four Hours Later_

"All rise."

The MCRT team stood, along with the jurors and the rest of the people in the courtroom.

The head juror cleared her throat as she prepared to read the verdict.

"On four counts of first degree manslaughter, how does the jury find Max Dennison and Thomas Dennison?" Judge Kerry asked.

Head juror inhaled,

"we the jury unanimously find Max Dennison and Thomas Dennison..."


	8. So He Did

**_A/N- New chapter! I know it's a little short, but it was fitting to end it here. Stay tuned for another A/N at the end of this chapter. IT'S IMPORTANT!_**

* * *

_Head juror inhaled, "we the jury unanimously find Max Dennison and Thomas Dennison..."_

She paused, as if for dramatic effect,

"guilty, on all four counts."

There was no cheering. No applause. No uproar.

Just relief.

Closure could finally come.

As what was left of Team Gibbs exited the courthouse, Ziva turned worriedly to Tony.

"What if they get out on bail?" She asked him. "What if they don't stay in prison?"

"Oh, we don't need to worry about that. They'll get life." He waved his hand to dismiss her worry. "No chance of bail or parole. And if they _do_ get out, _I'll_ kill them."

Ziva couldn't tell whether or not he was joking, so she let his statement hang in the air a moment before speaking again,

"are you really retiring?"

"Yeah," Tony nodded. "I am."

"As I told you before, I understand." Ziva told him. "But I do wish you would change your mind."

"I'm not, Ziva."

"Then," she nodded, "I will respect your decision."

They got in the sedan and rode back to NCIS, only to separate to their respective cars.

The sentence hearing would be the following weekend, and the team would without a doubt be there.

_The Following Saturday_

The sentence hearing came all too quickly, and before anyone knew it, Max and Thomas Dennison were standing before the same judge they had been during their trial. Team Gibbs sat in the courtroom, anxiously awaiting the fate of the two murderers responsible for Tim's death.

"Thomas Dennison will receive 25 years to life in a sate penitentiary for his crime of four counts of first degree manslaughter."

"25 to life?" Ziva whispered to Tony. "He could get out in 25 years? That does not seem fair."

"He won't." Tony shook his head. "He's too hot-headed. He'd never make parole."

"In light of recent discoveries, Max Dennison will receive no prison sentence for his crimes." The judge then declared. "He is, instead, going to be placed in the Psychiatric Institute of Washington for a minimum of 4 years."

"What?" Tony exploded as he jumped up from his seat.

"He belongs in a mental institution, Agent DiNozzo." The judge told him. "Now sit down."

"He _belongs_ strapped to an electric chair with his brother!" Tony yelled.

None of Team Gibbs made any attempt to stop him, as they all completely agreed. Tony had just beaten them to the punch.

"Agent DiNozzo, sit down before I hold you in contempt of court."

"He killed four _innocent_ people!" Tony continued. "Two decorated Marines, a sailor and a federal agent, for God's sake! And he gets 4 years in a cushy hospital?"

"Agent DiNozzo!"

When Tony didn't quiet down, the judge nodded to the police officer standing beside the stand, who went toward Tony. He had his hand on his taser as he approached him.

"Get off of him." Gibbs demanded as the officer reached for Tony. Gibbs had stood by now, as had the rest of team.

"We'll be leaving, your Honor." He nodded, and pushed Tony out the door.

Once safely outside the courtroom, he turned to DiNozzo.

"Are you _trying_ to get yourself arrested?" He asked, delivering a head-slap.

"Three years in a mental hospital?" Was Tony's reply. "That's all he gets! Where's the justice in that?"

"DiNozzo."

"He's gonna end up walking in a couple years, you know that!" Tony continued, his fists clenched. "This isn't right!"

He went to slam his fist into the wall, but Gibbs caught it within a quarter inch.

"DiNozzo!"

"What?"

"Calm. Down."

Tony huffed and puffed and slowly calmed down as he sat down on a bench in the lobby of the building. Abby, Ducky and Jimmy occupied the bench across from him, Gibbs stood above him and Ziva was pacing the floor behind him.

"This truly is not right." Ziva declared, though obviously more calm than Tony. "I hate to sound childish, but it is not fair in any way."

"No, it's not." Gibbs nodded. "But there's not much we can do to stop it."

"What 'recent discoveries' changed the judge's mind?" Abby piped up, a black handkerchief gripped tightly in her hand.

"I don't know, Abbs." Gibbs sighed.

"I mean, sure, he's wimpy," she continued, "but that doesn't make him insane!"

"Abigail, there is no use in getting ourselves all worked up." Ducky reassuringly put his hand over hers and patted it gently. "Calm down, Dear."

"This just..It's just not fair." With that, she burst out in tears and leaned against Ducky's shoulder.

"There, there, Abigail." He comforted her.

"God, I'd like to give that judge a piece of my mind." Tony seethed.

"You already did," Gibbs said pointedly.

"And it almost got you arrested." Ziva added.

Tony smirked at them before standing up,

"well, I'm gonna go home."

He was resigned, now, and he just wanted to go home

So he did.

* * *

_**A/N-I wanted to say that while I love having people favorite and 'alert' my fanfic, I love reviews more. They're what keep my going; what fuel my creative fire, and without them I am nowhere. So, I hate to do this, but I will NOT post the next chapter until this fanfiction reaches 40 reviews. I love you guys, though! =D**_


	9. Do You Undestand Your Rights?

**_A/N-_**

**_So, I finally got 40 (41, to be exact) reviews, so I can finally upload a new chapter. Sorry it's taken a while, though. I've been sick. :( (Stomach bug)  
Okay, so, in the description, I put: "Warning. Vengeful Tony" and as of yet, Tony has been too vengeful.  
Until now._**

**_So be warned. You might not like what's going down in this chapter, but I do hope you'll review anyways._**

**_On a side note, I want to thank all the faithful reviewers and the nice people out there. =] Thanks.  
And to the mean ones, phooey on you. =P I don't care anyways.  
_**

* * *

The 'recent discovery' that prompted the judge to change Max Dennison's sentence was a psych evaluation after the trial. It proved that Max was 'mentally incapable of of comprehending the consequences of his actions' due to a handicap of the mind.

Team Gibbs, though they had an idea that Max Dennison was somewhat handicapped, was infuriated, to say the least.

Gibbs tried to stop it, but there were only so many strings you could pull. Vance even tried his hand at it, but the integrity of NCIS had to be upheld.

So Gibbs, Abby, Ziva, Ducky, and even Jimmy, were _angry_. They tried to find ways to cope with the loss and the anger and the confusion, and they did an okay job of it.

But Tony.

Tony wasn't angry.

He almost..._Expected_ it. It's like he saw it coming, though nothing pointed toward it.

As of Monday, Tony would be officially retired from NCIS. The team would be reduced to Gibbs and Ziva as they awaited the replacements, though Ziva constantly stated that no one could truly replace Tony and McGee, and Gibbs silently agreed. The MCRT would never be the same, and it was all because of the Dennison brothers and their enabling father that Tony had killed.

So as Tony sat in his kitchen with an untouched bottle of whiskey in front of him, he knew that there was only one thing for him to do.

* * *

It was all perfectly planned, really. No one should find out who it was, and even if they did, he didn't care.

That murderer deserved to be dead. He was doing the world a favor.

So as the man entered the psych institute, gun in his pocket and vengeance on his mind, there was one target, and one target only, that was left to be taken care of.

_The Next Day_

"Gibbs, I just received a call from the Psychiatric Institute of Washington." Ziva stated as she hung up her phone, a peculiar expression on her face.

"What is it?" Gibbs asked when she paused.

"Max Dennison was murdered last night." She finally said. "And..They found a sig at the scene."

Gibbs wasted no time as he turned to Keating, who had been temporarily been assigned to the MCRT until a permanent agent was assigned.

"Keating, gas the truck." He ordered. "Ziva..."

He hated saying what they both were thinking.

"...Call Tony."

She simply nodded as she pulled out her cell phone. After he, unsurprisingly, didn't answer, they met Keating at the truck and drove to the institute. They got there and found a very clean crime scene. The most blood was pooled directly under Dennison's head, where the single bullet hole entered right between his eyes. A pillow was lying next to Dennison's head with a bullet hole through it, obviously to silence the shot.

"I do hope we are wrong about this." Ziva said softly as she started taking pictures.

"Me too, Ziver." Gibbs sighed, then turned to the orderly that had been on duty the night before. "So why was he just found now?"

"Excuse me, Sir?"

"Why was the body only just discovered?" Gibbs asked again, obviously irritated. "Don't you people check on your patients every other hour?"

"We check on the potential suicide risks then, Sir," the orderly fumbled over his words, "but not the others. The others, we make sure put to bed with lights out by nine. We don't check on 'em again until seven AM the next morning...Sir."

"What about the sig?" Gibbs asked, turning to Ziva. "Serial numbers?"

Ziva stayed silent, fingering the camera she held in her hand.

"Agent. David."

"Yes, Gibbs." She said softly. "The serial numbers are there."

"And?"

Gibbs knew. He already knew what the numbers would be.

"It is Tony's gun." She near whispered. "T121180. Tony was excited for that serial number because-"

"Because it's the date Magnum first premiered." Gibbs finished, nodding. "Yeah, Tony told me that, too."

After they processed the scene, and Ducky had the the body in the van ready to go back to NCIS, Ziva turned to Gibbs,

"I think I know where he is." She said. "I think I need to speak with him."

"That a smart move, Ziva?" He asked her.

"I need to, Gibbs." She nodded. "Whether it be a good idea or not."

"Ziva.."

"I will be careful."

"It's not you I'm worried about."

* * *

"I knew I would find you here."

Ziva approached Tony once again in the cemetery, in front of McGee's grave.

"I've been doing a lot of thinking, Zi." He told her as he stared off into the distance.

"You have been doing more than that." Ziva replied as she sat next to him. "What were you thinking?"

"I was thinking that Max Dennison needed to pay for what he did." Tony shot back, turning to look at her with anger in his eyes. "He killed Mcgee, not to mention two marines and a sailor. Come on, Ziva, you can't tell me that him being in some hospital instead of prison or the electric chair is fair."

"You are right, it is not fair." Ziva replied. "But it is not up to us!"

"He needed to die."

"Tell me what happened, Tony."

_The Night Before_

_Tony entered the long-term patient ward, feeling a mixture of nervousness and anxiousness. He fingered the gun's trigger in his pocket as he made his way to where he knew Max's room was. He found it, and entered silently. He watched the man's chest rise and fall with each peaceful breath. _

_He didn't deserve peace. _

_Tony grabbed a pillow from the bed, and placed it over Max's face slowly. Once it was firmly in place, he placed the gun on to the pillow where he knew the man's forehead to be, and slowly, but oh so surely, pulled the trigger. _

_The light, but not silent, _'pop'_, caused Tony to flinch, and when he saw the blood pooling under the man's head, he grinned. _

_It was done. _

_He set the gun down on the foot of the bed, removed the pillow, and looked into the murderer's, Tim's murderer's, lifeless eyes, and sighed. _

_Present_

"Tony, that is wrong." Ziva said softly. "You know it is wrong."

"Maybe." Tony shrugged. "But necessary."

"Tony, whether you're retired or not, you took an oath," Ziva pressed, "an oath to uphold the law to the best of your abilities."

"Same oath, Ziva, the same oath said that I so solemnly swear to protect, and serve," Tony told her. "To protect and serve and _save_ the innocent!"

"And now you're willing to go to prison," Ziva said softly, "for the twisted sense of justice you created?"

"Sure, if I have to." Tony shrugged again. "But try and find a jury that'll convict me."

Ziva sighed and looked down at her hands.

"I hate to do this, Tony." She whispered as she stood. She leaned over and grabbed Tony's arm, and pulled him to his feet.

"Tony DiNozzo," she started, gently placing the cuffs on his wrists, "you are under arrest for the murder of Max Dennison. You have the right to remain silent. Anything you say can, and will be used against you in the court of law."

"Yeah, yeah, I know." Tony stated. "Y'know, the cuffs are a little much, I would have came with you."

"You have the right to an attorney, if you cannot afford one, one will be appointed to you." Ziva continued. "Do you understand your rights?"

"Ziva-"

"Do you," she interrupted, "understand your rights?"

"Yes."

* * *

_**A/N2-  
Okay, so I believe the NEXT chapter will be the last, and then I'll have an epilogue. **_

_**Just so you know.**_

_**=D  
**_


	10. Arraignment, Trial and Sentencing

_**A/N-**_

_**Ahhhh! So, Tony murdered a man in cold blood, and then Ziva arrested him! So, here it is: Arraignment, Trial, and Sentencing. (I've been watching too much Law and Order SVU...)  
**_

_**This IS the last chapter! But do not worry, there WILL be an epilogue! =D**_

_**Again, thanks to everyone who stuck by, and I do hope you'll review and let me know what you think! =D  
**_

* * *

_Arraignment-December 23rd_

Tony stood in the courtroom, before the judge, with his attorney by his side. Gibbs, Ziva, Ducky and Jimmy sat behind the divider, waiting anxiously. The Washington DC ADA stood on on the opposite side of the room as Tony.

The judge nodded at Tony and his attorney,

"how does your client plead, Ms. Hart?"

"My client pleads not guilty by reason of insanity." Hart stated.

"Your client is of perfectly sound mind, Ms. Hart." The ADA, Hammond, snided. "He's competent to understand his actions."

"My client was under a great deal of stress and grief, and suffered a momentary break from reality." Hart defended. "And therefore, acted out in a haze of insanity."

"Okay, ladies," The judge interrupted. "Save the arguing for the trial."

"I move for my client to have minimum bail." Hart declared.

"He's a flight risk, your honor." Hammond, objected. "We can't chance it."

"He's a former federal agent, Mrs. Hammond." Hart shot back. "He knows if tries to leave, then he's done for."

The judge sighed,

"Bail is $30,000, and you'll hand over your passport, Mr. DiNozzo."

_Bang_.

The gavel slammed down, and the judge declared the next case.

_Trial-December 24th_

"Next case, please." Judge Miser declared. "The people versus Tony DiNozzo. Defense, please rise."

Tony and Hart stood.

"Ms. Hart, how does your client plead?"

"Not guilty by reason of insanity, You're Honor."

"Mrs. Hammond, for the people." The judge announced to the jury. "Mrs. Hammond, please call your first witness."

"The people call the defendant, Tony DiNozzo to the stand." Hammond motioned toward Tony, who nodded and stood. He took the stand, and placed his hand on the Bible they produced.

"Mr. DiNozzo," Judge Miser started, "do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?"

"I do."

The judge nodded to Hammond, who turned to Tony.

"Mr. DiNozzo, please tell the court what happened the night of December twenty-first." She told him.

"I was at home, thinking." Tony started. "I was thinking how, I've lost too many people in my life."

"How did that make you feel?"

"Angry. I was angry at, everyone, I guess. Angry at the world. God." Tony shrugged. "I didn't know what to do. I mean, I'd lost my mom when I was young, and then I've lost...A lot of people in my line of work."

"I understand you were drinking that night?"

"Yes..Well, no." Tony shook his head. "I had a sip of Whiskey, but nothing else."

"What happened, then?" Hammond pressed. "You left your apartment, right?"

"Yeah, I left and went to the cemetery." Tony told them. "To see...To visit Tim."

"And who is Tim?"

"Tim McGee. He was my partner."

"You're partner?"

"Yeah, at work." Tony elaborated. "He was killed by...Them."

"Them?"

"Thomas and Max Dennison."

"I understand that a psych evaluation determined that Max Dennison could not be held accountable for his crimes."

"The psych evaluation was bull. He killed him."

"How can you even know it was him, and not Thomas?"

"I. Just. Know."

"Okay, sure, assuming it was Max." Hammond nodded. "He is labeled as a," she looked down at the file in her hands, "developmentally delayed, paranoid schizophrenic."

"And?"

"And, Mr. DiNozzo, he would have no idea how to comprehend the crimes that were alleged against him!"

"They weren't alleged!" Tony yelled. "He pulled that trigger, and he killed my best friend!"

"So this was revenge?" Hammond asked with a smirk. "Dennison hurt you, and you wanted revenge."

"No! Well, yes, but..." Tony sighed. "I wanted revenge, but I didn't..."

"Moving on." Hammond continued. "Where did you go after the cemetery?"

"The..The Psychiatric Institute of Washington." Tony mumbled.

"Which is wear Max Dennison was sentenced to reside." Hammond nodded. "Why don't you tell the court what you did next."

"I went to Dennison's room, and watched him for a minute. All I could think about was, 'this man killed my best friend', not to mention three other great people." Tony looked down at his hands. "I..I took a pillow, and put it over his face. Then, I put the gun were I knew it would be between his eyes."

"And then you pulled the trigger?"

"It's like I I had no control" Tony told the jury. "Tim was all I could think about as..As I pulled the trigger. I couldn't have stopped if I wanted to."

"No further questions, Your Honor."

Tony sighed deeply.

"I didn't _want_ to kill him." He blurted out. "I just had to."

_One Hour Later_

"Nothing further." Hart sat back down and sighed. Tony was done for, and she knew it. There was nothing she could do. So after the jury reached a verdict, she and Tony rose, awaiting his fate.

"How does the jury find Mr. Tony DiNozzo on one count of murder in the first degree?" Judge Miser turned to the jury.

The head juror looked at Tony with a twinge of sadness as he said,

"guilty."

"Members of the jury, you are hereby relieved of your duty." Miser told them. "The defendant will be jailed awaiting sentencing." The gavel slammed and Tony's heart sank, along with Abby's, Ziva's, Gibbs', Ducky's and Jimmy's.

_Sentencing-December 26th_

"Tony DiNozzo, you are convicted of murder in the first degree." Judge Miser declared. As if he needed the reminder. "I hereby sentence you to a secure, state penitentiary in Maryland for a minimum twenty years. On good behavior, you'll be eligible for parole in ten."

Gibbs wanted to jump up and scream at the judge, to tell him that he was making a big mistake, and that Tony didn't deserve prison.

"Do you have anything to say?" Miser asked Tony.

He fumbled with his tie as he gulped, feeling tears well in eyes,

"I never wanted this to happen, but...But he killed my..brother." Tony shrugged. "He was my brother, and he killed him. I had no other choice."

Miser harrumphed and motioned at the cop that stood on the sidelines,

"get him out of here, Officer."


	11. Epilogue

**_A/N-Epilogue! This is done! It's complete! You all might hate me for the ending, but eh. =] _**

**_I loved writing this, I truly did. Thank you for reading, and again, reviews are loved. =]  
_**

* * *

_Fourteen Years Later_

_January 13th, 2025_

Thomas Dennison was released from prison after twelve years. How he managed to weasel through, no one knows. Ironically, Tony didn't get out for another two years after Dennison, his_ last_ chance for parole having been revoked after a brawl with another inmate that the _other_ inmate had started.

Tony was released back into the world that he left behind thirteen years ago when he murdered Max Dennison. He served his time, and that was that, though he was of course infuriated at being in prison longer than Dennison, and he intended on making it right.

Gibbs had retired four years prior, and Ziva had taken control of the MCRT, gaining a new agent when she did. Vance was still director, though he was getting closer to his own retirement, especially with his prodding wife. Gibbs now lived in Maryland with his wife, Jessica; a red head, of course. They had a little girl, Kerry.

Abby, who was still the MCRT's forensic scientist, had also wed in the past fourteen years. She and Nick, her lucky hubby, had twins, Timothy and Anthony. She took them to visit both their namesakes quite often. Ziva had become quite serious with Ray, though they had yet to get married. (Many suspected he was going to pop the question any time now)

And that left Tony. He had wasted his his forties and part of his fifties in prison for a terrible, terrible thing he should never have done in the first place, though he claimed he had no regrets.

_January 17th, 2025_

The phone ringing startled Ziva out of her thoughts. She'd been thinking of how Tony had been out for nearly a week, and she'd yet to see him, and he'd yet to see her. Should she call him or something?

"Agent David." She answered her desk phone, and listened.

"You were on the Dennison case fifteen years ago, right?" The unidentified man asked.

"Yes, I was." ZIva replied. "Why? What's happened?"

"I just thought you'd like to know that Thomas Dennison was murdered in his home a couple days ago." He told her.

"How do you know this, who are you?"

"I'm Detective Grant, I was in college during the original case." He told her. "We studied it in the police academy."

"Alright, thank you for letting me know." Ziva stated. "Goodbye."

She didn't have to think twice. She knew who did it.

That night, she was awoken by her phone ringing. She didn't reach it in time, and it went to voicemail. She waited a moment until she heard the familiar _beep, _indicating a voicemail. She opened her phone and pressed '1', and listened.

"Hey Ziver." It was Tony. "I know you probably know what happened. Yes, it was me. No, I don't regret it. It's not twisted, as you said before. It's the justice that the justice system failed to deliver. But you know? I thought it would help. That it would help the..The memories."

He took a deep breath,

"But the nightmares don't stop. All I see is Tim, lying there, bleeding to death. The last words I said to him before he was shot. It just keeps replaying." He paused. "It just keeps replaying over and over again, and it won't stop. It won't stop. Just over and over again."


	12. NOT A CHAPTER PLEASE READ

**Dearest Fanfiction Readers,**

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